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What is the Islamic legal standard (ضابط) and prescribed punishment (عقوبة شرعية) for someone who builds without a permit, knowing that the positive law (القانون الوضعي) punishes the perpetrator with imprisonment from one to three years, demolition of the building, and a fine of ten thousand?

1 min readAlso available in العربية

The regulations and laws enacted by states to restrict permissible acts must be implemented if they serve a public interest or prevent harm. The ruler has the authority to impose discretionary punishments (ta'zir) on violators as dictated by the public interest, and this includes imprisonment. As for the punishment of demolition of buildings and fines, these fall under financial discretionary punishment (ta'zir bil-mal), which is a matter of dispute, and the majority of scholars prohibit it.

Summarized from the full answer at Ftawy · reviewed Sep 2, 2026

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